'Smiling at protesters not indiscipline', Delhi HC stays Rs 19,000 fine on JNU students

The Delhi High Court has stayed a Jawaharlal Nehru University (JNU) order imposing a fine of Rs 19,000 each on eight students over their alleged conduct during a campus protest, observing that merely smiling at protesters or expressing support for a demonstration cannot be categorised as indiscipline.

Justice Jasmeet Singh, while granting interim relief to the students, said their right to express dissent, demonstrate or show support for a demonstration was a “valuable right” that could not be curbed. The court found a prima facie case in favour of the petitioners and stayed the university’s disciplinary orders until the next hearing.

What was the case?

The dispute arose from an incident on November 21, 2025, involving protests on the JNU campus over the university’s facial recognition technology (FRT) system. The university subsequently initiated disciplinary proceedings against several students. According to the allegations, five students were accused of aggressively shaking camera stands and cheering students allegedly involved in vandalising the FRT system. Three others were accused of encouraging and supporting the alleged vandalism by clapping and raising slogans.

The students denied the allegations. They maintained before the court that, at most, the material against them showed them smiling at the protesters and did not establish participation in vandalism or any other act that could amount to misconduct.

'Rs 19,000 fine'

JNU’s Chief Proctor’s Office issued a show-cause notice to the students on January 15, 2026. Following the disciplinary proceedings, orders dated February 2 imposed a fine of Rs 19,000 on each of them. The students challenged the action through the university’s internal appellate mechanism, but the disciplinary orders were upheld on March 30. They subsequently approached the Delhi High Court challenging both the show-cause notice and the orders imposing the penalty. The petitioners argued that the university had penalised them despite there being no material demonstrating their involvement in vandalism.

‘Valuable right’ to dissent

The High Court took a prima facie view that even if the allegations in the show-cause notice were accepted, the conduct attributed to the petitioners could not justify the punishment imposed on them.

Justice Singh observed that the students, at best, appeared to have been smiling at protesters, which did not amount to an infraction that could be classified as indiscipline. The court also underlined the significance of dissent and demonstrations in a university setting. It said the right of students to express dissent or demonstrate, as well as to show support for a demonstration by cheering, constituted a valuable right that could not be interdicted. It further observed that students could not be punished for an act of this nature and said the university’s action, prima facie, struck at their fundamental rights.

Fine stayed

Holding that the students had established a prima facie case, the High Court said allowing the Rs 19,000 penalty to remain operative while the matter was pending could cause grave injury to their rights. The court consequently stayed the fine imposed on all eight students until the next date of hearing. The case, Mr C Arjun & Ors v Jawaharlal Nehru University, is scheduled to be heard next on January 12, 2027.

The proceedings will now determine whether JNU’s disciplinary action can ultimately be sustained and the extent to which a university can penalise students for conduct associated with expressing support for a campus demonstration.